11/19/2019 Jefferson County Business Court Docket Pilot Project 1 What is a “business court”? A designated section or division of a state’s trial courts that handles complex commercial or business litigation cases. Generally, business courts focus on intra and inter company disputes. 2 1
11/19/2019 Business Courts: A National Trend • Business courts have been adopted in 24 states: Alabama Georgia Massachusetts New Jersey Pennsylvania Colorado Illinois Michigan New York Rhode Island Connecticut Iowa Minnesota North Carolina South Carolina Delaware Maine Nevada Ohio West Virginia Florida Maryland New Hampshire Oregon • Pilot programs are underway in 5 states: Arizona, California, Indiana, Tennessee, and Wisconsin • With the exceptions of Cincinnati and Orlando, all business courts that have been created continue to operate. Source: ABA website, http://apps.americanbar.org/dch/committee.cfm?com=CL150011 3 Goals of Business Courts • Improve access to justice for all litigants • “Unclog” regular dockets by removing complex commercial cases • Give complex commercial cases the focused management they need • Improve timeliness for all cases • Improve consistency of results in complex commercial cases • Assign cases to judges with experience in pertinent substantive law • Reduce reversal rates in appeals for complex commercial cases • Make state more attractive forum for doing business • Improve use of ADR in complex commercial cases • Improve public perception of court system among all litigants 4 2
11/19/2019 Business Courts in Kentucky • The proposal to bring business courts to Kentucky was studied by and recommended to the Supreme Court by the Civil Justice Reform Commission. • In April 2019, the Supreme Court authorized the Jefferson County Business Court Docket Pilot Project; created the Business Court Docket Advisory Committee (BCDAC); and designated Divisions Four (Judge Bisig) and Ten (Judge Cunningham) of Jefferson Circuit Court for the Business Court Docket. • The BCDAC, which is comprised of business litigators from Jefferson and Fayette counties, has developed rules of practice for the Business Court Docket and made important recommendations regarding jurisdiction and eligibility. 5 Business Courts in Kentucky What types of disputes generally are ELIGIBLE for assignment to the Jefferson County Business Court Docket? (See BCR 2.1 for complete list): Breach of contract claim Business tort claims Business Class Actions not involving a Business Entity brought by Consumers Formation, governance, internal Claims of breach of fiduciary Valuation, offering, solicitation, affairs, etc. of a Business Entity duty or statutory violations etc. of a Business Entity relating to a Business Entity Intellectual property, trade Transactions governed by the Franchise, distribute, agency, or secret nondisclosure, etc. UCC dealer disputes Purchase or sale of all or part of Commercial real estate Environmental disputes arising a Business Entity between Business Entities 6 3
11/19/2019 Business Courts in Kentucky What types of disputes generally are EXCLUDED from assignment to the Jefferson County Business Court Docket? (See BCR 2.2 for complete list): Sales or construction of a Insurance coverage relating to a Individual Consumer disputes residence personal injury dispute Consumer class actions Actions brought by the AG under Personal injury disputes and consumer protection laws wrongful death claims Disputes involving wages or Environmental disputes Eminent domain disputes hours Employee/employer disputes Administrative agency, tax, Individual residential real zoning, and other appeals estate, including foreclosure 7 Business Courts in Kentucky • Only cases with proper venue in Jefferson County filed after January 1, 2020, will be eligible for the Business Court Docket. • All cases that fall under BCR 2.1 will be assigned to the Business Court Docket. • Attorneys will have an opportunity to move for or dispute assignment to the Business Court Docket and judges will have an opportunity to remove or refer cases to the Business Court Docket. 8 4
11/19/2019 Business Courts in Kentucky • Parties will be required to participate in early scheduling and case management conferences that address issues such as scope of discovery; electronically stored information; expert witnesses; confidentiality/protective orders; and mediation. • The Business Court Docket judges will be encouraged to post all substantive opinions to the KCOJ website. • Judges and parties will be encouraged to address scheduling and housekeeping matters by telephonic conference and to communicate via email. 9 5
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